R v Russell (No 3) [2018] NSWSC 1673

R v Russell (No 3) [2018] NSWSC 1673

The offender’s moral culpability was substantially affected by his extreme intoxication and deprived, abusive background, which called for special circumstances in sentencing. Although intent to cause grievous bodily harm was found, the offence was below mid-range in seriousness as there was no premeditation, little force, and the conduct was heavily impaired by alcohol-related cognitive dysfunction.

Jurisdiction
Australia
Judgment Date
02 November 2018
Procedural Posture
Criminal / Sentence
Outcome
Conviction recorded; special circumstances found; sentence imposed.
Legal Topics
['murder' 'sentencing' 'intoxication' 'aboriginal Offender' 'manslaughter Plea' 'special Circumstances']
['criminal Law'] ['murder' 'sentencing' 'intoxication' 'aboriginal Offender' 'manslaughter Plea' 'special Circumstances']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the offender formed an intention to kill or cause grievous bodily harm' 'Effect of intoxication and deprived background on criminal responsibility and sentencing' 'Assessment of objective and subjective seriousness for sentence determination']

Ratio Decidendi

The offender’s moral culpability was substantially affected by his extreme intoxication and deprived, abusive background, which called for special circumstances in sentencing. Although intent to cause grievous bodily harm was found, the offence was below mid-range in seriousness as there was no premeditation, little force, and the conduct was heavily impaired by alcohol-related cognitive dysfunction.

Court Disposition

Conviction recorded; special circumstances found; sentence imposed.

Orders

  • ["Non-parole period of 14 years' imprisonment, commencing 8 January 2016 and concluding 7 January 2030." 'Balance of term of a further 10 years, concluding 7 January 2040.' 'First eligible for parole on 8 January 2030.']